Reasons for per se illegal offences
This essay would examine whether price fixing deserves to be per se illegal
under s 30 of the CA86. This essay would be limited to agreements between
competitors that fix, control or maintain the price of g
Property Law Summarised SOS Notes
Characteristic of NZ Land Law
1. Absence of formal constitutional protection of property rights
2. Strong protection of private property land rights via Torrens System that abolishes
the old common law rights
Personal Properties Security Act 1999
1. Does the PPSA apply?
a. Is the security personal property under the PPSA?
i. S 16 defines personal property
1. personal property includes chattel paper, documents of title,
goods, intangibles, investment securities
ESTAIR VAN WAGNER PORTION
Bundle of Rights
Emphasis is on exclusion and control focus on property interest and the
people who are allowed touse it. placed limits on absolute property ownership
Property exists in context and not merely an abstraction
Question about the SOGA
If YES, SOGA applies
1. Is the subject matter a good under the SOGA?
a. Defined in s 2(1)
i. Goods include all chattels personal other than money/choses in action (s2(1)
ii. Chose in action = an intangible piece of property, di
Should Cartels be criminalised?
New Zealands desire to criminalise cartel behaviour would be to keep it in line
with developments around the world where Australia, UK, Canada, Japan and
Korea have already criminalised cartel behaviour. Furthe
Fair Trading Act 1986
1. Provides that no action shall engage in conduct that is misleading or deceptive or is likely to
mislead or deceive. It applies to SOGA contracts, and also applies to services. Unlike the
SOGA, you cannot contract out of
Pro and Anticompetitive effects of Exclusive Dealings
Exclusive Dealing (ED) is a vertical arrangement between parties at different
functional levels of the market. It exists generally between a manufacturer and
distributor but can be seen in
Does market division deserve to be per se illegal?
There are many types of market division ranging from territorial, time of sale,
and consumer market division. At a quick glance, market division facilitates not
only cartels but the creation
Arrangement or Understanding under s 27 CA86
CA86 encapsulates notion of agreement in terms of broad formula contracts,
arrangement or understanding similar to contract, combination or conspiracy
in the Sherman Act 1890.
Was there an arrangem
Property Law Notes Final Exam 2016
NZ Land Law
NZ is under Torrens jurisdiction with regards to land transfer the focus is on
the case law and not the Land Transfer Act (LTA) itself.
Case law has helped fill gaps in the LTA
NZ Courts tried reinstating e
Would NZ Courts find BMI to be a breach of s 30 CA86?
Broadcasting Music Inc v Columbia Broadcasting Systems Inc was a United
States Supreme Cout case and thus to examine if NZ Courts would find a breach
of s 30 under the fact scenario of BMI
Richard has an extensive olive grove in the Hunter Valley region of NSW. He has around
12,000 trees established and has recently purchased his neighbours adjoining property with
a view to expansion.
His business is flourishing and his two sons, David and
Laws 122 Exam 2015
Total 50 marks
I. Issue: [2 marks]
The issue need to make reference to the material facts.
The issue must be grammatically correct.
II. Statement of the rule in Rylands v. Fletcher: [2 marks]
Test cheat sheet
Overall structure for breach of confidence
- Cause of action- breach of confidence
- Remedy- injunction or damages
- Material facts
Can the plaintiff sue for/gain (remedy) under (cause of action) where (material fa
What were the two main arguments raised by the defendants?
1. That the information was not of a kind which is protected by BoC
2. That the communication to A was not such as to give rise to duty
These 2 argum
Tutorial 9 26/9/16 laws 122
Duncan and PvD
- Medical information and information about a persons health is of the highest
- Information of psychiatric treatment has the quality of confidence (PvD)
- When a third par
Laws 122 Terms Test Marking guide
This marking guide is a rough indication of the points the marker was looking for, it is NOT a
QUESTION ONE Answer all parts of this question
Mr Finlayson has moved to Wellington. To his dismay, he discov
TE WHARE WANANGA 0 TE UPOKO 0 TE IKA A MAUI
UNIVERSITY OF WELLINGTON
Introduction to Case Law
Two hours, with 10 minutes additional reading time.
This is an OPEN bo
Lecture 7 laws 122
Possible ratio for abandonment issue:
- Where a person takes possession of a log and leaves it in place for a long period of
time, a subsequent finder must demonstrate that the original owner intended to
abandon it in order to gain poss
I have been asked to advice to Pets 4 life on the application of a breach of confidence (BoC)
and whether or not they will succeed in obtaining an application to strike out the statement of
claim made by DogToyz .
The issue is whether Pets 4 li
FACULTY OF LAW
Te Kauhanganui Ttai Ture
LAWS 123 - INTRODUCTION TO STATUTE LAW
COURSE OUTLINE 2016
Nau mai, haere mai ki te akoranga nei! Welcome to LAWS 123. This document describes the
course and the requirements that you will ne
LAWS 123 Introduction to Statute Law - 2016
TOPICS AND PREPARATION GUIDE
Preliminary matters to read in your own time:
Basic reading statutes:
- Anatomy of statutes
FACULTY OF LAW
LAWS 123: Statutory Interpretation
Your take-home test answer must be submitted NO LATER THAN 2pm on Monday
15 August. It may be submitted earlier.
Place your answer in the LAWS 123 assignment boxes in the assign
BREACH OF CONFIDENCE
The three limbed Coco test from Coco v Clarke will determine whether or not there has been
The three limbs are as follows:
1. Does the information have the quality of confidence?
2. Was the information communicated in a way t
LAWS 123 - TERMS TEST 2014 - MARKING GUIDE:
1(a). Breakdown: [15 marks]
an enforcement officer,
[this could be joined with the next line]
in this Act,
may at any time
= ? (issue word)
LAWS 123 2016
6. Stating the Issue, cont.
Whakapuakina an te raru,
a couple of things that
comprise a good issue statement;
Identify a couple of things that
can make an issue statement
What do we mean by
TERMS TEST 2014
Introduction to Statute Law
This is an open-book test. Students may bring in any printed materials.
Students may not use any device on which a database can be stored or by which
messages can be sent or received.